Pleading Reasonable Reliance Is “Always Nettlesome”
- Dec 4 2023
By: Jeffrey M. Haber In TD Bank, N.A. v. Keenan, 2023 N.Y. Slip Op. 06158 (2d Dept. Nov. 29, 2023) (here), the Appellate Division, Second Department examined the often “nettlesome” …
Category: Commercial Litigation
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Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied
- Dec 1 2023
By Jonathan H. Freiberger Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance …
Third-Party Beneficiaries and Contract Interpretation
- Nov 29 2023
In Stagen v. Neu, 2023 N.Y. Slip Op. 06105 (1st Dept. Nov. 28, 2023) (here), the Appellate Division, First Department addressed an issue of contract interpretation involving a word in …
Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta
- Nov 27 2023
By: Jeffrey M. Haber As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud …
Fraud: Failure to Identify a False Statement, Group Pleading and The Failure to Plead the Claim with Particularity
- Nov 20 2023
By: Jeffrey M. Haber In Barlow v. Skroupa, 2023 N.Y. Slip Op. 05786 (1st Dept. Nov. 16, 2023) (here), the Appellate Division, First Department affirmed the dismissal of a fraud …
Second Department Finds That Merchant Agreement Is A Criminally Usurious Loan
- Nov 17 2023
By Jonathan H. Freiberger Today’s Blog article is about usury, a topic that has previously been covered. See, e.g., [here], [here], [here], [here]. Society’s disdain for usury was recently articulated …
When Disaster Strikes, is it Spoliation?
- Nov 15 2023
By: Jeffrey M. Haber Document discovery is an integral part of any litigation. Documents form the foundation of discovery plans and strategies, and, more significantly, proof at trial. Consequently, litigants …
Veil Piercing Rejected By Second Department in Judgment Enforcement Action
- Nov 13 2023
By: Jeffrey M. Haber It is well-settled that a corporation (or limited liability company) acts through its officers, directors and owners. As a result, these individuals are normally not liable …
The Third Department Adopts The Second Department’s Holding In Yapkowitz, Which Requires That RPAPL 1304 Notices Be Separately Sent In Separate Envelopes To Each Borrower
- Nov 6 2023
By Jonathan H. Freiberger This Blog has written numerous articles about RPAPL 1304. See, e.g., [here], [here], [here], [here], [here] and [here] and the Blog articles linked to therein. By …
Court Rejects Fraudulent Inducement Claim Arising From Alleged Undisclosed Leaks in Real Property
- Nov 1 2023
By: Jeffrey M. Haber On October 31, 2023, the Appellate Division, First Department, unanimously affirmed the dismissal of a fraudulent inducement claim alleged in connection with the purchase of real …
